The Federal Ministry of Interior’s report indicates that practical and legal obstacles hinder the processing of asylum applications in third countries outside the European Union (EU). Implementing such a measure would not effectively address irregular migration and is not feasible on a collective level.
The report team has analyzed models that various European countries have attempted to implement. Some migration and legal experts reviewed the “external road” model, which aims to process asylum applications in a transit country before applicants reach Europe. They also evaluated the UK’s plan to set up refugee reception centers in Rwanda, a proposal that was abandoned following the Labor Party’s assumption of office. Additionally, they examined the agreement between Italy and Albania to establish reception centers in Albania. The legal status of these models was discussed with the UN Refugee Agency (UNHCR) and the European Commission.
Federal Minister of Interior Nancy Faeser, who will soon hand over her position to the new Interior Minister Alexander Dobrindt, discussed the potential for cooperating with a third country to address irregular migration. However, she cautioned about the challenges of implementing such a strategy. “Great Britain’s experience shows that these attempts can be extremely costly and often fail completely,” Faeser stated.
The report prepared by the ministry in response to a delegation from the 2023 Conference of Prime Ministers states that the “third country” scheme cannot be implemented under current international and German law. Even if there are changes to German and European law, legal obstacles would still remain. The report also outlines practical challenges related to resettlement in a third country, noting that there are currently no countries willing to cooperate. Additionally, it emphasizes the impracticality of a collective third country model, suggesting that it should be restricted to specific groups of people.
The report concluded that while the third country model is theoretically feasible, its implementation is challenging and it is unsuitable as a collective measure. It noted that “at best, this measure could serve as one cornerstone among many essential pillars for controlling migration.” Additionally, the report mentioned Denmark’s decision to suspend its plan to process asylum applications in Rwanda in 2023 and emphasized the need for a European solution.
